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HomeMy WebLinkAbout910288.tiff AGREEMENT FOR MOWING SERVICES THIS AGREEMENT, made and entered into this 13TH day of MARCH , 1991, by and between WELD COUNTY, COLORADO, by and through the Board of County Commissioners of Weld County, 915 Tenth Street, Greeley, Colorado 80631, hereinafter referred to as "Weld County, " and TOMAR SERVICES, P. O. Box 1006, Fort Morgan, Colorado 80701, hereinafter referred to as "Tomar Services . " WITNESSETH: WHEREAS, Weld County owns and maintains approximately 3500 miles of road rights-of-way within the jurisdictional limits of Weld County, Colorado, and WHEREAS, in the Spring, Summer, and Fall months of the year, various weeds and grasses grow on the ditch banks, borrow pits, and shoulders of said road rights-of-way, and WHEREAS, Tomar Services has the equipment and man-power necessary to perform moving services for the mowing of said weeds and grasses . NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows : 1 . Term: This Agreement shall be in effect for the 1991 mowing season. Mowing services by Tomar Services shall begin no later than April 15, 1991, and continue as directed by the Weld County Road and Bridge Department to and until December 31, 1991 . 2 . Tomar Services agrees : A. To mow all weeds and grasses located on ditch banks, borrow pits, and shoulders of Weld County road rights-of-way as directed by the Weld County Road and Bridge Department. B. All mowing shall include one ( 1) , six foot ( 6 ' ) swath for one pass of the mower. Tomar services will mow a 10 . 5 foot swath for one ( 1) pass when requested at a higher rate as set forth in paragraph 3 below. Page 1 of 3 Pages 91U2do Fen 0a;i9 3 . Payment: Weld County agrees to pay for mowing services by Tomar Services as follows : A. Weld County will pay for a minimum of one thousand ( 1000) miles of mowing at twenty five dollars ( $25 . 00) per mile. B. Weld County will pay for all mowing beyond one thousand miles ( 1000) miles at the following rates : 1001 miles to 2000 miles $23 . 00 per mile 2001 miles to 3000 miles $21 . 00 per mile 3000 miles and above $19 . 00 per mile C. Any second pass or second season cutting shall be charged as additional mileage. D. A 10 . 5 foot swath for one ( 1) pass may be requested by Weld County at a rate of $35 . 00 per mile. E . All mileage shall be tabulated by Weld County, but shall be agreed to by Tomar Services prior to payment. F. All travel within Weld County by Tomar Services without the mower engaged shall be paid for by Tomar Services and shall not be the responsibility of Weld County. G. Payment by Weld County shall be semi-monthly upon invoice by Tomar Services . 4 . Worker' s Compensation: Tomar Services agrees that it and all Tomar Services employees are hereby considered to be independent contractors and not employees of Weld County, Colorado, and/or the Board of County Commissioners of Weld County. Tomar Services agrees to provide Weld County proof of Worker' s Compensation coverage paid for by Tomar Services for all Tomar Services employees . 5 . Liability Insurance: Tomar Services agrees to provide a certificate of liability insurance to Weld County which names "Weld County, Colorado, the Board of County Commissioners of Weld County, and its employees" as Additional Named Insured. Said liability insurance shall Page 2 of 3 Pages q / nLg be in the sum of $500,000 . 00 per person and $500,000 . 00 aggregate. 6 . Non-assignment: The parties hereto agree that this Agreement shall be assigned only upon written consent of both parties . SIGNED this 13TH day of MARCH , 1991 . ATTEST: Me47 WELD COUNTY, COLORADO, By and Through the Board of County Commissioners of Weld County Weld County Cl k o the Board �/ % By: By: — --` Deputy Clerk to th d :ea? cJ TOMAR SERVICES ATTEST: /By: By:/goi7 �� , 4 � President SUBSC IBED AND SWORN to before me this � 7 7-b1 1day of (-79( �L , 19 91 . WITNESS my hand and official seal . tafy Public My commission expires : MYCominissi nEx itesJnu2y10,1995 Page 3 of 3 Pages /DZ El TOMAH SERVICES P.o.Box 1008 Fort Morgan Co. 80701 Tomar Services proposes to provide ditch bank, roadside, and right-of -way mowing service% to Weld County Colo. under the following terms and conditions. A minimum of 1 , 000 miles will be required in a calendar year to provide this service. The first 1 , 000 miles will be charged at a rate o1 $25. 00 per mile. 1 , 001 to 2,000 at $23. 00 per mile 2,001 to 3,000 at $21 . 00 per mile Any mileage beyond 3, 000 miles will be charged at a rate of $19. 00 per mile. Tomar Services will mow a one pass 10.5 ft . swath when requested at a rate of $35. 00 per mile. All other rates are limited to a 6 ft , swath on one pass. A second pass or second season cutting will be treated and charged as additional mileage. Mileage tabulated by Weld County or any agent of Weld County is to be agreed upon by Tomar Services. Travel with in Weld County without the mower engaged will be kept to a minimum as much as possible. Tomar Services will be available to Weld County by April 10 1991. Payment is requested semi-monthly for all mowing completed. Tomar Services assures that they are properly insured by Farmers, Ins. Group, Linda K. Carlson agent , 230 main st. Ft . Morgan Colo. 303-867-2824. Thank You, r fid 67(r ..,._ _ I'1RR d ' 9l 15 : 28 303 825 2068 PPG E . 001 aZ2g Hello